Freed soldier faces backlash in Idaho hometown over desertion claims

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HAILEY Idaho (Reuters) - A hometown celebration of Bowe Bergdahl's release from five years of Taliban captivity in Afghanistan will go on this month as planned, despite a growing backlash against the U.S. Army sergeant over allegations he was a deserter, friends and supporters say.

Days after the small mountain community of Hailey, Idaho, erupted in elation over news that he had been freed in a prisoner exchange, the festive mood in town has been tempered by claims from former members of his combat unit that Bergdahl had deliberately abandoned his post.

Some of his one-time comrades assert that the massive search for Bergdahl after he went missing in Afghanistan on June 30, 2009, may have cost the lives of up to six fellow soldiers who searched for him.

The U.S. military has said the circumstances under which Bergdahl disappeared have yet to be fully investigated, though Pentagon officials have indicated Bergdahl is unlikely to face charges regardless of what the Army learns of his capture because he has suffered enough.

Still, for all the outpouring of hometown joy and national media attention lionizing Bergdahl immediately following his release on Saturday, supporters in Hailey insist they never regarded him as a hero.

“People in Hailey have been aware for some time that there were questions about how Bowe came to be captured, and that there was a chance that Bowe could be in trouble when he came home,” said Stefanie O'Neill, a co-organizer of a welcome-home rally planned for June 28.

“The celebration is going ahead. It is not being abridged in any way in light of the controversy that has arisen,” she told Reuters. “Our purpose was to bring Bowe back and to celebrate his return, and that has not changed ... We wanted one of our own home.”

O'Neill and others said they were surprised by the intensity of the backlash stirred by allegations of desertion. They said the 28-year-old soldier, remembered in town as a somewhat bookish, but athletic loner, should be given the benefit of the doubt until he has a chance to address the claims against him.

“Bowe has been lynched without a trial,” said Lee Ann Goddard Ferris, a neighbour of the soldier's family who has known Bergdahl's father Bob for 35 years and describes herself as a conservative Republican. “These are good people. These are good and loyal Americans.”

The Army sergeant was flown over the weekend to a military hospital in Germany for a full physical and mental evaluation, and it was not clear whether he would return to Idaho by the end of the month. "Right now, all I know is that Bowe is in Germany trying to recover," said state Senator Michelle Stennett, a Democrat whose district includes his hometown. She added that she has received some emails from constituents expressing concern about her plans to speak at the June 28 rally. "Until he has his say, we don't have all sides. I'm open to hearing the whole dialogue," she said.

YELLOW RIBBONS REMAIN

Signs of celebration remained very much in evidence in downtown Hailey, a town of about 8,000 residents just south of the upscale Sun Valley ski resort in central Idaho, a left-leaning political pocket in an otherwise overwhelmingly conservative state.

Although motorists have ceased their jubilant honking of car horns since Saturday, symbolic yellow ribbons were still tied to lamp posts and trees, and banners hung in shop windows bearing a photo of Bergdahl's face and the slogan "Bowe is free at last."

An upbeat atmosphere also pervaded at Zaney's River Street Coffee House, which has long served as a hub for supporters, friends and family of Bergdahl.

Questions raised about the origins of his capture, meanwhile, have stoked a related controversy over the Obama administration's decision to exchange Bergdahl for five Taliban prisoners who had been held at the U.S. naval facility at Guantanamo Bay in Cuba.

Critics of the swap have accused the administration of failing to give Congress sufficient advance notice of the exchange and suggested too high a price was paid in freeing senior Taliban commanders accused in deadly attacks on U.S. forces.

O'Neill, who is a Republican, said she believed the national furor over Bergdahl's release was heavily politicized.

"If this were not a midterm election year, this would not be playing out the way it is," she said.

Freed soldier faces backlash in Idaho hometown over desertion claims
 

rock127

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Re: Freed soldier faces backlash in Idaho hometown over desertion clai

Taliban Commander: More Kidnappings to Come After Bergdahl Deal


U.S. Army Sergeant Bowe Bergdahl (C) waits in a pick-up truck before he is freed at the Afghan border, in this still image from video released June 4, 2014.

A Taliban commander close to the negotiations over the release of U.S. Army Sgt. Bowe Bergdahl told TIME Thursday that the deal made to secure Bergdahl's release has made it more appealing for fighters to capture American soldiers and other high-value targets.

"It's better to kidnap one person like Bergdahl than kidnapping hundreds of useless people," the commander said, speaking by telephone on condition of anonymity because he is not authorized to speak to the media. "It has encouraged our people. Now everybody will work hard to capture such an important bird."

The commander has been known to TIME for several years and has consistently supplied reliable information about Bergdahl's captivity.

The U.S. agreed on May 31 to exchange five Taliban commanders from Guantanamo Bay, Cuba for Bergdahl, America's only living prisoner of war. Following the deal, the outpouring of relief by those who had long lobbied to "Bring Bowe Home" was soon eclipsed by accusations and recriminations as Republican lawmakers accused the administration of making a dangerous precedent.

"What does this tell terrorists?," Republican Senator Ted Cruz said on ABC's This Week the day after Bergdahl's release. "That if you capture a U.S. soldier, you can trade that soldier for five terrorist prisoners?"
 

rock127

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Re: Freed soldier faces backlash in Idaho hometown over desertion clai

What happened to the famous catch-phrase of US that ---> "We don't do negotiations with Terrorists"??? :hmm:

Also doing negotiations for a Army Deserter because of whom 6 other soldiers got killed.

Something is fishy in this case.
 

lion

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Re: Freed soldier faces backlash in Idaho hometown over desertion clai

What happened to the famous catch-phrase of US that ---> "We don't do negotiations with Terrorists"??? :hmm:

Also doing negotiations for a Army Deserter because of whom 6 other soldiers got killed.

Something is fishy in this case.
There is also a saying in American army, "Never leave your comrade behind. Even soldiers put there lifes on risk to save dead bodies of there mates."
 

rock127

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Re: Freed soldier faces backlash in Idaho hometown over desertion clai

There is also a saying in American army, "Never leave your comrade behind. Even soldiers put there lifes on risk to save dead bodies of there mates."
But here the guy is a Deserter and because of whom 6 other men in uniform got killed.

His heroism turned into traitor as per the news.
 

boris

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Re: Freed soldier faces backlash in Idaho hometown over desertion clai

What happened to the famous catch-phrase of US that ---> "We don't do negotiations with Terrorists"??? :hmm:

Also doing negotiations for a Army Deserter because of whom 6 other soldiers got killed.

Something is fishy in this case.
The Obama administration came up.

Yes, it is fishy and the blame game has begun with the liberals,democrats on one side and the republicans on the other.

The guy is a deserter, desertion is a serious crime in any military. A lot of good guys got killed looking for him, his own platoon soldiers say that he was a whacko, look at his father , a living example of the phrase - "The apple doesn't fall far from the tree".
 

fyodor

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Re: Freed soldier faces backlash in Idaho hometown over desertion clai

The Obama administration came up.

Yes, it is fishy and the blame game has begun with the liberals,democrats on one side and the republicans on the other.

The guy is a deserter, desertion is a serious crime in any military. A lot of good guys got killed looking for him, his own platoon soldiers say that he was a whacko, look at his father , a living example of the phrase - "The apple doesn't fall far from the tree".

his dad has grown beard....started speaking pashto, tweeted pro-taliban messages,memorized quran and when later he was questioned he said "i was just trying to understand their culture"
 

JMM99

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Re: Freed soldier faces backlash in Idaho hometown over desertion clai

It seems that the Coast Guard had a better screening out process in 2006 than the Army had in 2008.

Ex-POW Bergdahl had been discharged from Coast Guard (by John Bacon, USA TODAY, June 11, 2014).

The Significance of Bergdahl's 'Washing Out' of the Coast Guard (by Mark Thompson, TIME, June 11, 2014).

Bergdahl's writings reveal a fragile young man (by Stephanie McCrummen, WASH POST, June 11, 2014).

None of the above is a defense to the lesser or the greater charge that could be brought against Bergdahl; but could be asserted in mitigation of penalty:

Unauthorized Absence (AWOL)

Unauthorized Absence (UA) or Absence Without Leave (AWOL) is one of the most common offenses under the UCMJ. Military prosecutors charge this misconduct under UCMJ Article 86.

Article 86 provides:

Any member of the armed forces who, without authority:

(1) fails to go to his appointed place of duty at the time prescribed;

(2) goes from that place; or

(3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct.

Various factual circumstances can aggravate an unauthorized absence and make it more serious. Common aggravating factors include: remaining absent for a lengthy period of time; abandoning watch or guard; being absent with intent to avoid maneuvers, field exercises, or deployment (also charged under UCMJ Article 87 – Missing Movement); and having the absence terminated by apprehension by law enforcement authorities.

Almost always, the best course of action for a member in an unauthorized absence status is to return to military authority voluntarily for resolution of the situation. A member should not destroy or discard his or her uniforms or identification card. Such actions can provide the foundation for the more serious charge of Desertion under UCMJ Article 85.

Most unauthorized absence cases are resolved administratively. However, a command always has the option of resolving more aggravated cases at court-martial. Many unauthorized absence cases have important extenuating and mitigating circumstances. When presented properly, such circumstances can reduce punishment or lead to a better characterization of discharge in the event of administrative discharge.
Desertion

Desertion is an aggravated type of Unauthorized Absence (UA) or Absence Without Leave (AWOL). Military prosecutors charge desertion under UCMJ Article 85.

Article 85 provides:

Any member of the armed forces who:

(1) without authority, goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently; or

(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service

The charge of desertion is more aggravated if it is committed in time of war or to avoid hazardous service.

The key to any desertion charge is the intent or mental state of the service member. Since it is usually difficult to prove what someone is actually thinking at any given time, prosecutors will look to circumstantial evidence to prove the intent to remain away permanently. Factors like destruction of uniforms or an identification card, changing a name or SSN, remarks of intent, failure of the member to turn himself in when he had the opportunity to do so, moving to foreign countries, and remaining absent for many years are the types of circumstantial evidence that can help to establish intent to remain away permanently.
For more (legalistic) discussion of Articles 85, 86 & 87, see Manual for Courts-Martial (2012).

Manual for Courts-Martial

The Manual for Courts-Martial (MCM) is the official guide to the conduct of Courts-martial in the United States military. An Executive Order of the President of the United States, the MCM details and expands on the military law in the Uniform Code of Military Justice (UCMJ). The MCM contains 5 parts plus 27 appendices.

Part I is the Preamble, which gives background and jurisdictional information
Part II explains the Rules for Courts-martial (Rules 101 through 1306)
Part III lays out the Military Rules of Evidence (Rules 101 through 1103)
Part IV sets forth the elements and punishments of offenses (Punitive Articles, paragraphs 101 through 113)
Part V provides guidelines for the imposition of non-judicial punishment (NJP)
Appendices provide the Constitution of the United States, the UCMJ itself, analysis of the Parts, historical Executive Orders, forms, etc.
2013 Amendments to MCM.

Regards

Mike
 

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